RENTAL PROPERTY SALES

Rental Property Depreciation Recapture: How It Works

Learn how allowed-or-allowable depreciation affects rental-property basis, Section 1245 and 1250 gain, Form 4797, and the 25% maximum-rate rule.

By Stefano Tavella, CPAPublished Updated 9 min read

DIRECT ANSWER

What to know first

Depreciation generally reduces a rental property's basis whether the deduction was allowed or allowable. When the property is sold at a gain, the depreciation-related result is not automatically a flat 25% tax. Shorter-life Section 1245 assets can produce ordinary-income recapture, while qualifying unrecaptured Section 1250 gain from depreciable real property is subject to a maximum 25% federal rate. Remaining gain, losses, NIIT, passive losses, and state tax are analyzed separately.

Start with adjusted basis, not the mortgage balance

Tax gain generally compares the amount realized with adjusted basis. A loan payoff changes the seller's cash proceeds but is not subtracted from gain in the same way as adjusted basis.

Adjusted basis generally starts with supportable cost and capitalized acquisition items, increases for capital improvements, and decreases for depreciation allowed or allowable and other required adjustments.

Three federal layers are often confused

Common federal gain layers in a rental-property sale
LayerWhat it may includeWhy separate records matter
Section 1245 recaptureGain attributable to prior depreciation on qualifying personal property and certain shorter-life components, generally up to the applicable recapture amount.Appliances, furniture, equipment, and cost-segregation assets may not follow the building's treatment.
Unrecaptured Section 1250 gainA portion of long-term gain connected with depreciation on Section 1250 real property, subject to a maximum 25% federal rate.The 25% figure is a rate ceiling for this gain category, not a universal rate on the entire sale.
Remaining gain or lossOther Section 1231, capital, or ordinary gain or loss after asset-level classification.Holding period, prior Section 1231 history, total gain, and the broader return can change the result.

Allowed or allowable depreciation still matters

IRS guidance generally requires basis to be reduced by depreciation that was allowed or could have been allowed. Skipping depreciation deductions does not necessarily preserve basis for a later sale.

When prior schedules are missing or appear incorrect, reconstruct the placed-in-service dates, depreciable basis, methods, conventions, improvements, dispositions, and returns before relying on a recapture estimate. A correction may require a separately analyzed filing method rather than an informal basis adjustment.

Cost segregation can make the sale calculation more detailed

A cost-segregation study may classify building costs into shorter-life Section 1245 property, land improvements, and other categories. Those accelerated deductions can affect the asset-level gain and recapture calculation when the property is sold.

Carry the study, depreciation detail, disposition records, and any later improvements into the sale file. Do not combine every component into one building number when the tax schedules treated them separately.

A former main home does not erase depreciation-related gain

When a former main home later becomes a rental, the basis for depreciation may differ from the basis used to calculate gain. Section 121 can also be limited by rental periods and other facts.

IRS guidance states that gain equal to depreciation allowed or allowable for periods after May 6, 1997 generally cannot be excluded under the home-sale exclusion. Review the personal-use and rental-use timeline before estimating the outcome.

A 1031 exchange generally defers rather than erases gain

A qualifying like-kind exchange can defer recognized gain, including depreciation-related gain, to the extent the transaction meets the rules. Basis and deferred gain generally carry into the replacement property under the applicable calculations.

Money or other non-like-kind property received can trigger recognized gain, and a later taxable disposition can bring deferred amounts back into the calculation. Coordinate the exchange before closing.

Information needed for a supportable review

  • Purchase closing statement and original land allocation
  • Every depreciation schedule from acquisition through sale
  • Cost-segregation study and asset-level detail, if any
  • Capital-improvement invoices and placed-in-service dates
  • Records for assets sold, abandoned, replaced, or converted to personal use
  • Sale contract, closing statement, selling costs, and consideration received
  • Prior passive-loss, Section 1231, installment-sale, and state information

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Related tools and service paths

Cost-segregation basics

Review how a study separates components and why the asset detail matters beyond the year of deduction.

Stefano Tavella, CPA

AUTHOR

Stefano Tavella, CPA

Stefano Tavella, CPA leads Tavella CPA Group, a cloud-based CPA firm serving individuals and small businesses with tax preparation, planning, notice assistance, and related services.

PRIMARY GUIDANCE

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